Claimant v Luftavia Limited
Outcome
Individual claims
The tribunal found the respondent was in breach of contract in relation to wages and notice pay owed to the claimant. The tribunal awarded damages calculated on gross pay for the contractual breaches.
The tribunal found the respondent was in breach of its statutory duty under the Employment Act 2002 to provide the claimant with a written statement of employment particulars. The tribunal found it just and equitable to make an award of 4 weeks gross pay.
Facts
The claimant Mr Van Staden brought claims against his former employer Luftavia Limited for breach of contract relating to unpaid wages and notice pay. The respondent had also failed to provide the claimant with a written statement of employment particulars as required by law. The claimant was self-represented and the respondent was represented by a litigation consultant.
Decision
The tribunal found in favour of the claimant on both claims. The respondent was ordered to pay £1734.57 for breach of contract (wages and notice pay calculated on gross pay) and £2800 (4 weeks gross pay) for failure to provide written employment particulars under section 38 of the Employment Act 2002, for a total award of £4534.57.
Practical note
Employers who fail to provide written statements of employment particulars face significant additional awards, with tribunals able to award up to 4 weeks' pay under section 38 of the Employment Act 2002 where they find it just and equitable to do so.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3306085/2024
- Decision date
- 14 May 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Luftavia Limited
- Sector
- transport
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- No